Continued - failure to transfer assets

[meldresler]

What is the name of your state (only U.S. law)? VA/KY

I wrote a couple of days ago about my ex drawing out the transfer of these retirement assets.

Now he says that he complied with the divorce decree because he "initiated" the transfer of assets (which was subsequently denied because the paperwork was incorrect).

He says that he is done, he is in compliance, and if I want the assets transferred, I have to pay for a new court order. (And time is of the essence here).

1. How much does a court order cost (I can draft it, but how do I get him to get it in front of a judge). What is the process? Are there extra costs?

2. My plan is to subsequently file a contempt case and recoup the money.

What (else) should I do? I am so mad I have smoke coming out of my ears. At least he put it in writing. It is unreal!

 

[Zigner]

No need to start a second thread:

https://forum.freeadvice.com/divorce-separation-annulment-36/failure-transfer-assets-541151.html

 

[mistoffolees]

What is the name of your state (only U.S. law)? VA/KY

I wrote a couple of days ago about my ex drawing out the transfer of these retirement assets.

If he tries that argument in front of a judge, he's going to get creamed. Failure to submit the proper forms does not initiate the transfer. The transfer is initiated when the financial institution receives the correct forms, properly filled out.

Now he says that he complied with the divorce decree because he "initiated" the transfer of assets (which was subsequently denied because the paperwork was incorrect).

He says that he is done, he is in compliance, and if I want the assets transferred, I have to pay for a new court order. (And time is of the essence here).

1. How much does a court order cost (I can draft it, but how do I get him to get it in front of a judge). What is the process? Are there extra costs?

2. My plan is to subsequently file a contempt case and recoup the money.

What (else) should I do? I am so mad I have smoke coming out of my ears. At least he put it in writing. It is unreal!

Contact your court clerk for information on filing for contempt. The process and cost is different in every court system.

Or, go see an attorney. You may be able to recover your attorney's fees, but even if you can't, it may be worth at least an initial consultation.

 

[meldresler]

thanks so much ... the second thread was just the very new circumstance, I wasn't sure if everyone would see it at the bottom of the previous.

 

[stealth2]

thanks so much ... the second thread was just the very new circumstance, I wasn't sure if everyone would see it at the bottom of the previous.

Adding to your previous post brings it to the top of the queue. It's helpful if updates/additional questions are kept to the original thread so that we don't need to go back to find the backstory. Just so you know for the next time. Thanks.

 

[meldresler]

Continued

Hi it's me again, still battling to get the retirement assets that are owed to me. I've been on another forum and my head is spinning, so here's the latest.

First of all, here is the exact wording of the agreement:

“Not later than thirty (30) days after our divorce, Mr. X shall initiate the tax-free transfer of the entirety of the [account] as of the date of such transfer to a retirement account in Mrs. X's sole name.” and “We acknowledge that the tax-free transfer of the funds in the L2010 Lifecycle Fund may require a Qualified Domestic Relations Order (“QDRO”) to effect the transfer. Mr. X agrees to arrange for the preparation of the QDRO and to file it with the divorce filing.”

So the history:
1. No QDRO or other court order was included in the divorce decree
2. In the 30 day period post divorce, he was sending me emails indicating he wouldn't comply with this transfer
3. After about 45 days post divorce I mailed a contempt motion (order to show cause) - the next day he mailed off the paperwork, but without a QDRO or other court order in the required format/language.
5. After another 7 weeks, it was denied because the format did not comply with the financial institution. They required a new/separate court order in a specified format and signed by a judge.
6. He declared that all he had to do was "initiate" the transfer and he was in compliance and he was not required to do anything further.
7. I emailed his attorney asking her to produce the QDRO that was required in the last sentence. She emailed back and said "we didn't do one because we didn't think the financial institution would accept a QDRO".
8. Today I called the legal department of the financial institution and they said "of course we would accept a QDRO, as long as it has the correct language/format and is signed by a judge".
9 Although we simply need a court order and not necessarily a QDRO, since he was required to prepare a QDRO, this seems to be my best case.
10. I filed a new contempt motion (order to show cause) about a week ago, hearing in about 3 weeks.

Can anyone comment? In this other forum someone kept saying that he wasn't required to prepare a QDRO because of the previous sentence stating that a QDRO "may" be required. But the last sentence affirms that he has to prepare it. My head ... is spinning ...

I'd appreciate any legal comments or any thoughts about how all this looks from the outside.

thank you!

 

[Ohiogal]

If he cannot prepare and complete the proper paperwork himself, then he needs to pay someone to do a QDRO. End of story.

 

[mistoffolees]

If he cannot prepare and complete the proper paperwork himself, then he needs to pay someone to do a QDRO. End of story.

Or if he has delayed an unreasonable amount of time, OP could pay someone to do it - and then sue him to collect the cost (which she might not collect). Or OP could file for contempt because he hasn't done it.

 

[meldresler]

Yes, I filed a contempt motion (order to show cause); frustratingly the court called yesterday to say they couldn't find my money order and that although I had documentation and receipts I had to re-send more money.

I will probably come to the hearing with an order for the judge to sign, but since we apparently need a hearing in front of the judge anyhow (short of his attorney knowing how to get something signed), there is no point in "not" doing it as part of a contempt motion.

I'm in another state so I have to travel there, etc.!!

 

[meldresler]

Very specific question about legal language

I have a very specific question relating to my case. So we know that the agreement states that he will "initiate the transfer" ... "into an account in my sole name". He claims that he complied when he "initiated" the transfer.

I'm looking for legal language to determine when a financial transfer is complete. Someone said that he effectively initiated a "failed transaction" rather than a transfer. Can anyone point me to legal terminology on this? I could post this specific question in the financial area of the boards if needed, but I hate to meander on the same issue. thank you, I appreciate all of the help here!

 

[mistoffolees]

I have a very specific question relating to my case. So we know that the agreement states that he will "initiate the transfer" ... "into an account in my sole name". He claims that he complied when he "initiated" the transfer.

I'm looking for legal language to determine when a financial transfer is complete. Someone said that he effectively initiated a "failed transaction" rather than a transfer. Can anyone point me to legal terminology on this? I could post this specific question in the financial area of the boards if needed, but I hate to meander on the same issue. thank you, I appreciate all of the help here!

If you're going to try to win on linguistic nuances, you really need an attorney.

I would simply file for contempt. When he says he started it, tell the judge that it wasn't started because he screwed up the forms. Initiating transfer means that you make an honest effort to do so. He didn't do that.

 

[meldresler]

OK, my father just gave me a lecture about needing an attorney, but the ex has come here with a custody case (requesting a custodial evaluation) and you will never believe it ... one of his claims is that I have financial problems. But wait - doesn't he owe me a big chunk of money? (Back to my original question, can someone really get away with this?). I have the best attorney here, but I can't afford attorneys in two states. I can't even afford an attorney in this state, I had to get a parent to help.

 

[mistoffolees]

OK, my father just gave me a lecture about needing an attorney, but the ex has come here with a custody case (requesting a custodial evaluation) and you will never believe it ... one of his claims is that I have financial problems. But wait - doesn't he owe me a big chunk of money? (Back to my original question, can someone really get away with this?). I have the best attorney here, but I can't afford attorneys in two states. I can't even afford an attorney in this state, I had to get a parent to help.

Call the court clerk to ask for the cost to file in that county. Then add in the cost of paying for service. It's not very much.

 

[meldresler]

Yes, I filed a contempt motion a few weeks ago ($31 to open; $12 to serve); the hearing is in a couple of weeks (they lost my original money orders, although I had the receipts, so I had to resend and extend).

 

[meldresler]

Just an update: I won! He showed up to court with a new lawyer (fired the other or was fired, who knows) and a QDRO by the top "QDRO" person in the DC area. I hired an attorney at the last minute for the hearing and we did settle without a finding of contempt, which still annoys me, but the big picture is that it's all in the pipeline and our financial problems will be "lessened" in about another month (the financial institution just mailed the positive decision letter yesterday, then a 31 day hold, etc.).